HomeMy WebLinkAboutA004 - Council Action Form dated October 24, 2020 ITEM: 36
DATE: 10/24/20
COUNCIL ACTION FORM
SUBJECT: ZONING TEXT AMENDMENTS TO SETBACK ENCROACHMENTS AND
PROJECTIONS
BACKGROUND
In response to a general code cleanup assignment included as part of the Planning
Division work plan, staff has reviewed certain development standards for consistency with
terminology and development review practices. The intent is to clarify interpretations and
standards, particularly as they relate to extensions into front, side and rear yard setbacks.
The changes will principally apply to residential properties but also affect commercial and
industrial properties.
Section 29.402(2)(a) of the Municipal Code specifies which features of principal buildings
and other structures may extend into required building setbacks. Staff specifically
identified updates to this setback exception section in response to interpretations of
current terminology, duplicative standards, and an interest in facilitating front porch or
entrance improvements for older homes. The updates have been prepared in consultation
with the Inspections Division as well as the Planning Division. (See Attachment B.-
Proposed Revisions.)
There are two categories for extensions into setbacks. One category is "minor
projections allowed," and the other is "full projections allowed." Minor projections
may extend up to three (3) feet into the required building setback; however, such
projections may be no closer than three (3) feet to a lot line. Full projections are currently
allowed to extend fully into required setbacks. Porches have their own exception category
allowing for an extension of up to eight (8) feet in the front yard or rear yard and three (3)
feet in a side yard, provided that the portion of the porch extending into the required yards
is fully open except for support columns and balustrades. The current language is
included as Attachment A: Existing Regulations.
Staff proposes updates to minor projections by cleaning up current terminology.
Fire escapes would no longer be described as "open or lattice enclosed."
Uncovered stairways would be further defined as "leading to a ground floor or
basement building entrance." Previously stairways were described in both minor
and full projections with no distinguishable differences.
Staff proposes to replace the current individual Porch exception with a new
exception category named Architectural Features. These new allowances are
meant to broaden options for enhancing entrances and creating more
opportunities for outdoor usable space beyond the traditional front porch
configuration. Architectural features of an open design that are attached and protruding
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from building facades located at first floor building entrances (such as porches, pergolas,
stoops. porticos and decks) may project into a front, street side. or rear yard setback as
much as eight feet and into a side setback not more than three feet. These allowed
projections will only apply to open architectural features as described in the ordinance,
therefore enclosing these features to make indoor space with walls, glass, or screens in
the future would be prohibited. Additionally, to address situations where a home may
have a nonconforming setback, a new exception process allows for the ZBA to
approve a projection that exceeds that stated limits so these properties may also
benefit from enhanced outdoor spaces. For example, a home built with a 20-foot
setback where a 25-foot setback is now required would previously have not been able to
add a porch. The new exception would allow for ZBA to approve a setback of as little as
12 feet for an architectural feature.
Currently full projections do not limit what level of a building stairs access to have a full
projection. In further clarifying full projections, stairways including landings, wheelchair
lifts, and accessible ramps are to lead directly to a first floor or basement building
entrance. The current language would allow for full projections regardless of what level
of a building it served, which was contrary to allowances of minor projections. At-grade
steps and above-grade steps up to three feet in height are further clarified to include
associated handrails, sidewalls and landings. Staff has also added minor changes to the
landscape accent section recognizing that slightly larger arbors and other features
commonly found as accents are permissible.
With the proposed changes, commercial properties will be affected by the new
architectural feature allowance, use of the term covered walkways in lieu of
awnings/ canopies, and newly defined sign maximums that were previously
ambiguous.
The new sign standard adds definition to a vague section that previously stated signs
were allowed as a full projection with no limitations. Signage is regulated by Chapter 21
of the Ames Municipal Code and some commercial zones within the Zoning Ordinance,
Chapter 29. Due to discrepancies in free-standing sign definitions and allowances
between Codes, staff proposes to limit free-standing sign exceptions to ground.
monument, and poles signs to less than 150 square feet of coverage by either the
base/support of the sign or the cabinet of the sign. The proposed 150 square foot
maximum coverage for a ground sign reinforces the City's site development plan review
threshold for administrative consistency. For example, the Lincoln Center sign located
near the intersection of Lincoln Way and Grand Avenue has a coverage of approximately
150 square feet with an estimated 6 x 25-foot cabinet dimension. If someone desires to
have a larger sign footprint than 150 square feet, it could still occur outside of setbacks.
Traditional wall sign and projecting sign encroachments will continue to be allowed as full
projections.
The Planning and Zoning Commission reviewed draft changes at the August 19. 2020
Commission meeting. The Commission voted 6-0 in support of the staff recommendation,
which is to allow for amendments for extensions into required building setbacks subject
to staff working with the City's Legal Department and Building Inspections Division to
finalize changes and prepare a draft ordinance for City Council approval.
ALTERNATIVES:
1 . Approve first reading of the proposed text amendments for extensions into required
building setbacks.
2. Approve first reading of the proposed text amendments with modifications.
3. Decline to proceed with amendments to the extensions into required building
setbacks.
CITY MANAGER RECOMMENDED ACTION:
The proposed zoning text amendments clarify requirements and expectations for the
extension of building features into required setbacks, as well as offer additional flexibility
in the application of such extensions. Overall, the changes help to facilitate contemporary
improvements to properties and enhance entrances and outdoor space valued by
individuals. These changes will provide property owners with a better understanding of
what is allowed by the Code as they prepare plans for new structures and additions to
existing structures. Staff has received no feedback regarding the proposed changes from
the public or the developer/builder contact list. Therefore, it is the recommendation of
the City Manager that the City Council approve Alternative #1, as described above.
Attachment A: Existing Regulations
Sec.29.402. SETBACKS.
(1) Building Setback Standard. Except as provided below,all buildings and structures.Principal and
Accessory,shall be located to comply with the minimum and maximum Building Setbacks established for Principal and
Accessory Buildings listed in each Zone Development Standards Table,Supplemental Development Standards Table,
condition or other regulation applicable to the lot or the use being employed at the site.
(2) Extensions into Required Building Setbacks.
(a) Principal Buildings.
(i) Minor projections allowed. Minor features of a building,such as eaves,chimneys,
open or lattice-enclosed fire escapes, bay windows, uncovered stairways, wheelchair ramps,and uncovered decks or
balconies,may extend into a required setback up to 3 feet. Such projections,however,may be no closer than 3 feet to
a lot line.
(ii) Full projections allowed. In addition to the minor projections listed in the previous
section,the following features are allowed to fully project into required setbacks:
a. Canopies, marquees, awnings and similar features in commercial and
industrial zones;
b. Stairways and wheelchair ramps and associated handrails that lead directly
to a building entrance;
C. Driveways.patios,sidewalks,and similar at-grade surfaces;
d. Uncovered decks no higher than 24 inches above finished grade;
C. Retaining walls that retain fill and which are up to four feet in height in front
setbacks and up to six feet in height in side and rear setbacks.
f. Retaining walls of any height that retain existing natural grade;
g. At-grade steps,above-grade steps up to three feet in height,and
associated handrails;
h. Arbors with a footprint no greater than 10 square feet;fountains and
statuary up to four feet in height,constructed ponds and waterfalls at or below finished grade,and similar incidental
landscape accent;
1. Mechanical Units(in rear and side yards only);
j. Play structures(in rear and side yards only),no closer than 3 feet to
property lines;
k. Fences as allowed in Section 29.408(2),
1. Planter boxes/walls at allowable fence heights;
In. Alternative Energy devices as allowed in Sections 29.1309&29.1310;
n. Satellite dishes less than 24 inches in diameter;
o. Flagpoles and lamp poles;
P. Signs(as otherwise allowed by code);
q. Public Art when located within a public art easement accepted by the
City of Ames.
(Ord.No. 4356, 6-12-18)
r. Bicycle Parking Systems.Bicycle Parking Systems may be located in
the front setback of nonresidential zoning districts when it is no higher than four feet in height and it does not
interfere with required landscaping. This exception does not allow for parking areas where otherwise not permited.
(Ord. No 4394; 10-8-19)
(iii) Porches. A porch may project into the required front yard not more than 8 feet,
the required side yard not more than 3 feet,and the required rear yard not more than 8 feet,provided that the portion
of the porch extending into required yards is fully open except for support columns and balustrades.
(Ord. No. 4098, 01-10-12)
(3) Setbacks in Lots Abutting Residential Zones. In all zones other than Residential Base Zones,
Building Setbacks along lot lines that abut lots in Residential Zones must conform to the landscaping standards set
forth in the applicable Zone Development Standards Table.
(4) Through Lots and Corner Lots.On through lots,and corner lots with two or more abutting
streets,except lots within the RL,RM,and UCRM Zoning Districts,the required front setback shall be provided on
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Attachment B-Proposed Changes
"See.29.201. DEFINITIONS.
Except as otherwise defined in this Ordinance or unless the context may otherwise require, the following
words are defined for the purpose of this Ordinance as follows:
• (17)Awning means an architectural projection that provides weather protection visual interest,or decoration
and is wholly_supported by the building to which it is attached.
shielding a platfeFm, StOOP OF sidewalk Wm the elements OF a F00f like StFUGtUFe of a peFmanent RatUFe ffejecting
(27) Building Coverage means the area of a lot covered by buildings or roof areas, including eeveFed
porches,accessory buildings and areas for outdoor storage,but excluding minor projections such as allowed prejeoii ft
eaves,uncovered balconies,and similar features.
(49a) Deck means a horizonal platform built above grade and typically supported by pillars or posts and may
include railing.
(157a) Pergola means a structure of vertical posts or columns that support a series of cross-beams providing
primarily an open covering that is not a roof Pergolas may be attached to a building as an architectural feature to
provide enhanced visual interest or as a stand-alone structure for shade and shelter. For purposes of the Zoning
Ordinance pergolas are accessory buildings.
(160)Porch means a roofed area attached at the first floor of a building and located at a building entrance.A Porch
must be open on two or more sides but may include support columns piers and balustrades or railing(including
kneewalls).
Per-ah is epen een As.leemast one side,except that it may be enGlesed with soreeRS OF I anieew
See.29.402. SETBACKS.
(1) Building Setback Standard. Except as provided below, all buildings and structures, Principal and
Accessory, shall be located to comply with the minimum and maximum Building Setbacks established for Principal
and Accessory Buildings listed in each Zone Development Standards Table, Supplemental Development Standards
Table,condition or other regulation applicable to the lot or the use being employed at the site.
(2) Extensions into Required Building Setbacks. Certain building elements and site features are allowed
to be located within orrproiect into required setbacks Extensions of architectural features into nonconforming setbacks
may granted as a minor area modification under Section 29.1506.
(a)Pr-ineipal Buildings.
Lay�i4 Minor projections allowed. Minor features of a building, such as eaves, chimneys, open eF laniee-
eeslesed fire escapes, bay windows, uncovered stairways leading to an upper story entrance or deck,
wheelehaiF Fmps,awnings,and uncovered deekS OF balconies, may extend into a required setback up to 3
three feet.Such projections,however,may be no closer than 3 three feet to a lot line.
Projection of Architectural features Architectural features of an open design attached to and protruding
from building_fagades located at first floor building entrances (such as porches pergola stoops porticos
decks)may project into a front- street- or rear yard setback as much as eight feet, and into a side setback
not more than three feet Such projections however,may be no closer than three feet to a lot line. Allowed
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projections must be open in design without walls,screening,windows or doors.Enclosing an open projecting
architectural feature is prohibited.
(cA4 Full projections allowed. In addition to the minor projections listed in the previous section, the
following features are allowed to fully project into required setbacks:
(i)a-Covered walkways leading to main entrances in commercial and industrial zones;
(ii)b�-.Uncovered stairways(includinglandings),andings),wheelchair lifts,and%;'heelslaiFaccessible access
ramps and associated handrails that lead directly to a first floor, basement, or at-grade building
entrance;
(iii)At-grade steps above-grade steps up to three feet in height and associated handrails sidewaks
and landings;
(iv)d.Uncovered decks,with or without railings,no higher than 24 inches above finished grade;
(v)e Retaining walls that retain fill and which are up to four feet in height in front setbacks and up
to six feet in height in side and rear setbacks.
(vi)€�Retaining walls of any height that retain existing natural grade;
g. At ffade steps,above gFade steps up te thme feet in height,and asseeiated handr-ails;
(vii)Driveways,patios,sidewalks,and similar at-grade surfaces;
(viii)lv:Landscape accents that include but are not limited to arbors s-with a€eetpFint coverage
area no greater than 40 15 square feet; fountains and statuary up to four feet in height, and
constructed ponds and waterfalls at or below finished grade, and similar incidental landscape
accents.The design and location of accent features shall not have the effect of creating a continuous
wall that does not meet fence standards.
(ix)�. Mechanical Units within rear and side yards only);
(x*Play structures(within rear and side yards only),no closer than?rthree feet to property lines;
(xi)k-.Fences as allowed in Section 29.408(2);
(xii)h Planter boxes/walls at allowable fence heights;
(xiii)e}:Alternative Energy devices as allowed in Sections 29.1309&29.1310;
(xiv)n-Satellite dishes less than''�.es one meter in diameter;
(xv)e:Mailboxes,little libraries,cluster box units,flagpoles,and lamp poles;
(xvi). Signs are subject to the standards of Chapter 21 and Chapter 29. Free standing signs
described as ground pole or monument signs including any support structure of said signs,where
the sign has less than 150 square feet of coverage. Signs attached to a principal building, such as
wall signs and projecting signs that do not have support extending to the ground-(as-et#wPA4se
allowed by-eede);
(xvii*.Public Art when located within a public art easement accepted by the City of Ames.
(xviii)f-Bicycle Parking Systems. Bicycle Parking Systems may be located in the front setback of
nonresidential zoning districts when it is no higher than four feet in height and it does not interfere
with required landscaping. This exception does not allow for parking areas where otherwise not
permitted.
Sec.29.1506. EXCEPTIONS.
(4)When Authorized.
(d)Exceptions for minor area modifications.
(vi)extension of architectural features into a required building setback pursuant to Sec 29.402(b)when the
setback of the principal building is non-conforming An approved minor area modification under this
subsection shall:
(A)provide for a minimum usable area,
(B)preserve compatible open yard areas intended within the zone,and
(C)ensure the aesthetic compatibility of the feature with the surroundings."
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